How to claim compensation if you are injured by a hit-and-run driver

Road users injured in an accident with an untraceable or uninsured driver can still make a compensation claim via the Motor Insurers' Bureau (MIB). Here's what you need to know.

Claiming hit and run compensation

If you have been injured in a car or other road accident that was not your fault, you should be able to claim financial compensation.

However, if you were injured by a driver who left the scene of the accident without identifying themselves, a different process applies for hit and run compensation claims.

In most cases, road accidents are handled by the negligent driver's insurance company. The insurer generally pays for vehicle repairs and pays compensation for any injuries sustained.

But what happens if you don't know the identity of the other driver?

I was injured by an untraceable driver - can I still claim?

It is estimated that nearly 700,000 hit and run accidents happen every year on UK roads. More often than not the victims are cyclists or pedestrians, but hit-and-run accidents affecting drivers are also common.

You can make a claim as a driver, cyclist, pedestrian, or other road user if:

• you were injured in the last three years and
• someone else was to blame (even partly).

If you have been injured in a road accident and the identity of the other driver is unknown, it should still be possible to claim compensation for a road traffic accident:

Making a claim through the Motor Insurers' Bureau (MIB)

The Motor Insurers' Bureau (MIB) is an independent body that pays road accident compensation to the victims of uninsured or unidentified drivers. The MIB is funded entirely by contributions from car insurance premiums.

Each year, a percentage of every motor insurance policy issued in the UK goes into the MIB fund.

Whether you were injured as a pedestrian, cyclist, motorcyclist, or driver. if you were injured by an uninsured or untraceable driver you can claim through the MIB.

You can be compensated for any damage to your vehicle and personal property and any injury sustained as a result of the accident.

When calculating your compensation, the MIB will consider the injuries sustained you have sustained and the long-term effect they will have on your life, including your ability to work and future care costs.

What should I do to help my MIB claim succeed?

The MIB is considered a fund of last resort. This means that as a claimant, you must make reasonable attempts to trace the driver responsible for the accident before you start a claim.

The following will help support a claim with the MIB:

• reporting the incident to the police as soon as possible
• noting the make, model, registration, and colour of the other driver's vehicle
• noting the extent of any damage to the other vehicle
• taking the details of any witnesses to the incident

If the police and your insurer cannot trace the driver, you can then start a claim with the MIB. You do not need a solicitor to do this, although a solicitor can help guide you through the process and complete the required paperwork.

Personal injury solicitors can also advise you on what to do to improve the likelihood of success.

Read more:

Making a compensation claim through the MIB

Making a claim through your insurer

The MIB states that it will try and reach a decision on whether to pay compensation within 3 months. However, it usually takes significantly longer to calculate the amount of compensation you will receive. As such, making a claim through the MIB can be a lengthy processing and drawn-out process.

If you were injured as a driver or motorcyclist and you hold fully comprehensive insurance, you may consider making a claim for the damage to your vehicle through your own insurer. In many cases, your insurer will settle the claim much faster than MIB.

If you lose your no claims discount as a result of the collision, you can put in a claim to the Motor Insurers' Bureau.

Similarly, if you were injured as a cyclist and hold valid cycling insurance, you may be able to make a claim. If you were injured as a pedestrian, pursuing a claim through the MIB would be the best option.

If you have been injured by an untraceable or uninsured driver, why not call us for a free consultation to discuss your options or to start a claim for compensation.

See also:

Can I make an injury compensation claim if I was hit by an uninsured driver?

Work accidents Road accidents Public places Medical negligence Other accidents

Author:
Howard Willis, Personal injury solicitor

About the author

Howard Willis qualified as a solicitor in 1984 and has specialised in personal injury for over 25 years. He is a member of the Association of Personal Injury Lawyers (APIL) and is a recognised Law Society Personal Injury Panel expert.